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Q5·GS Paper 1 · Prelims 2018

Ninth Schedule and Parliamentary Power

PolityConstitutional Amendments and Ninth ScheduleStatement-basedMediumStatic

Question

Consider the following statements:

1The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.

Which of the statements given above is/are correct?

  1. 1.

    The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.

  2. 2.

    The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.

Options

a

1 only

Answer
b

2 only

c

Both 1 and 2

d

Neither 1 nor 2

Explanation

Statement 1 is correct: Parliament can place laws in the Ninth Schedule through amendments to the Constitution. The Ninth Schedule was introduced by the 1st Amendment and contains laws that are protected from judicial review to a large extent. Statement 2 is partially incorrect/outdated: Originally, laws in the Ninth Schedule were completely beyond judicial review. However, in the landmark case Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that even Ninth Schedule laws could be examined if they violate the basic structure of the Constitution. Subsequently, in various judgments, courts have maintained limited power to review Ninth Schedule laws on basic structure grounds. Therefore, the absolute statement in Statement 2 is not entirely accurate. > Parliament can amend Constitution to place laws in Ninth Schedule, but even these have limited judicial review if they violate basic structure doctrine. Answer: (a).

Question details

Year

2018

Paper

GS Paper 1

Question

Q5

Subject

Polity

Sub-topic

Constitutional Amendments and Ninth Schedule

Type

Statement-based

Difficulty

Medium

Nature

Static

Source hint

NCERT Polity Ch.5 - Constitutional Framework

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